Untitled Texas Attorney General Opinion ( 1949 )

THEAIS'ORNEY'GENERAL
op TEXAS ,,
PRICE DANIEL
ATTORNEYGENERAL
December 15, 1949
Hon. Jep 8. Fuller Opinion No. V-970.
Crlmlnal District Attorney
Jefferson County Re: The applicability of
Beaumont, Texas the “Secret Bellot Law”
to paper ballots used
for absentee voting in
eleotions employing
voting machines for
Dear Mr. Fuller: other balloting.
Reference 1s made to your request of recent
date which reads In part as follows:
“The Commissioners t Court of Jefferson
County has, by order duly passed, adopted
voting machines for use in elections in said
However, the Court propose8 to use
i,bE?&llota in rpbh eloatioar for tha put-
oees of rbsentae voting. As a rmult, the
P ollowlng question her arisea. of whfob we
re;ytfully request the oplaioa of your of-
:
“Does the ‘Secret Ballot Law’ apply
when paper ballots are uaed in, absentee vot-
lng in eleotlona wherein voting mechines are
employed for other balloting?”
?ffatzyn 7, Article 2997a, Vernon18 Civil Stat-
ute8, provlaes m part:
“In couatler Ln which votia(l sachiaea
are adopted for use, the authority charged
with holding an eleation shell within Its
dlacretlon determine w proper resolution
and/or order whether or not voting mrohLnes
shall be used for the casting of absentee
votes at such electlon . . S Should the
authority charged with holding en election
determine by such resolution as above pro-
vided, that absentee votes cast at such
election be cast by a paper ballot, then,
Hon. Jep S. Fuller, page 2 (V-974)
and in such event, the authorfty charged
with holding such election shall provide
a ballot for the casting of absentee votes
as prescribed and provided by the general
laws applicable to elections and to absen-
tee voting and those entitled under the
law shall cast their vote by such ballot
under the laws applicable to absentee vot-
in&, o * .I’
We next aall your attention to sectfons 6 and
7 of House Bill 35 , Acts 51st Legislature, 1949, Chap-
ter 329, page 615 I Secret Ballot Law) which read as fol-
lows :
“8eotion 6 / The appropriate provisions
of this Act shall also apply to absentee vot-
ing, in which case the person castfng an ab-
sentee ballot ahall not remove the detachable
stub-fro* the ballot. After the ballot has
been prepared by the elector, the elector
nhall affix his signature on the reverse side
of the perforated stub and then shall cast
the ballot as now provided by law,
*Should %he elector be unable to sign
his name, he shall plaae the ballot face
down so as not to expose the number of same
and shall sign on the back of the perforated
stub an ‘X. s The attestfng officer shall
;rs;;.%e the elector ls name on %he baok of
e
“The abeentee ballot shall then be de-
llvered fo the election judge in the pPoper
preoipat aa ie now provfded for Zn this title.
“Before the election judge deposits an
absentee ballot as elsewhere provided for In
this title, he shall detach from said ballot
the perforated stub and place it in the stub
box. If the name of the elector does not ap-
pear on the reverse side of aald perforated
stub the election judge shall write the name
of the elector on the back of said stub be-
fore depositing aa04 in the stub box.
“Sec. 7. The provisions of this Aot
shall not apply to eleotlona in which vo%Lng
HOU, Jep a* Fuller., page 3 (V-970)
machines 6re used as ppovfded for elsewhere
in this title i ”
There appears to be some oonfllct be%ween the
PPoVlaioM of the above quo%& statute@; h:wey, ea
stated by the court., in the cake of Hood v S ate, 133
Tex. 110, 126 S.W.2d 4 (1939):
“It IS the aett’led lew tha$ statutea
should be construed so as %o camy out %&he
legfslrtlve intent, and whan auoh intent fs
owe rroertained, It should be gfven effect,
even though the literal meaning of the words
used %herefn Is no% followed. Also ststutes
should never be given a aonstruction that
leads to -uncer%afnty, fnjuatfoe OF confusion
If It fs possible to eonatrue %hem otherwise.*
If we should @on&r: dSecticln 7 of House Bill
357 (Secret Ballot LaF) ?.o mean that. ;>he appropriate
provisions of that Aot have no applfeatFon to paper bal-
lots wed for all absentee vo%Fng fn eleatlons employing
voting machinea for other balloting, then &his would
lead to confusfon and uncertainty” I% is definitely
provided in Seotlon 7 of Ar%fole 2997a (Votfng Machine
Law) that where paper ballots are used for oaating all
absentee votes that “the authopfty charged with holding
such eleotlons shall provfde a ‘ballot for the oeatiug
of absentee votes aa ppeseFibed end provided by the gea-
era1 laws eppleoebfe to elso%i.ons and to absentee voting
end those entf%led nadep the law shall aas% %hefr vote
by such ballot under the laws applfcable to absentee vot-
ing.” Moreover, the general Paws applloable to absentee
voting have been emended by the apeaiffo plsovleiona of
Section 6 of House Bill 357 (Secret Ballot Law) and the
other approprfate provisions of that Aat.
After a careful analysis of the forego&r&g rtat-
utes and the above authority, it la OUF opinion that the
appropriate provisions of the “Secret Ballot Law” are a -
plicable to absentee voting in elections Where Paper be P -
lots are used for all absentee voting, and voting mechilies
are employed for other balloting,
SUMMARY
The appropriate provisions of the “Se-
cret Ballot Law” are applicable to absentee
voting in eleotiona where paper ballots are
-- .
Hon. Jep 9. Fuller, Page * (v--o)
ured for all absentee voting, and votiw
machines are employed for other balloting.
seoe6, H.B.357, Acts 51st Leg.,1949, ch.
329, p.615.
Yours very truly,
ATTORIKXGBRRRALOF TEXAS
JCD:bhsmw BY J. C. Davfa, JP.
As818tant
APPROVEP